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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In the Defendant’s general meeting held on July 5, 2012, when the Plaintiff’s representative director was appointed, four of the five members present at the Defendant’s general meeting and with the consent of all the members present (the number of shares held by the 130,000 members among the total number of shares held by the 130,000 members is the total number of shares held by the 106,405 members).
Accordingly, the defendant filed for registration of change of representative director on July 17, 2012 and completed registration of change on the same day.
The articles of incorporation of the defendant, attached to the above application for registration, state the date of preparation as of April 19, 201 (hereinafter referred to as "the articles of incorporation of April 19, 201"), among those parts relating to the election of general members and officers, shall be as follows. The convening of a general meeting under Article 10 (Convocation of General Meeting) shall be convened by the representative director and shall give notice to each member five days prior to the date of the meeting. Members holding at least 5/100 of the capital of Article 11 (Request for Convocation of General Meeting of Members) may submit to the representative director documents stating the matters which constitute the purpose of the meeting and the reason for convening a general meeting, and request the convocation of a general meeting. Except as otherwise provided for in Acts and subordinate statutes, a resolution of the general meeting under Article 12 (Method) shall be adopted by 3/100 of the total number of members present at the meeting of members of the defendant and by 3/4 of the voting rights of all members; the directors and the representative director of a company shall be appointed by 3/50 of the defendant;